ANKARA - The Supreme Court of Appeals approved the sentence given to 5 people, including Osman Kavala and Can Atalay, in the Gezi Park case, and decided to release Mücella Yapıcı and 2 people.

 

The 3rd Criminal Chamber of the Supreme Court of Appeals has completed its appeal review of the decision of the Istanbul 13th High Criminal Court on April 25, 2022, in the case regarding the Gezi Park protests. In its decision, the Criminal Chamber approved the prison sentences for businessman Osman Kavala, who was sentenced to aggravated life imprisonment for "attempting to overthrow the government of the Republic of Turkey" and Can Atalay, Tayfun Kahraman, Mine Özerden and Çiğdem Mater Utku were sentenced to 18 years in prison for "aiding the attempt to overthrow the government of the Republic of Turkey".

 

In the justification of the chamber's approval decision regarding Atalay and Kahraman, it was stated that "the defendants carried out actions within the scope of starting the Gezi Park events, which were carried out within a plan and organization, and deepening them by spreading throughout the country."

 

CLAIMS ARE 'PROVOCATIVE' POSTS'

 

In the decision, it was claimed that Taksim Solidarity made "provocative" posts during the Gezi Park protests and "provoked the activists and caused the violence to escalate" with its calls to action. In the decision, which claimed that Atalay and Kahraman were directing Taksim Solidarity, the following justification was given: "It is understood that they acted together in connection with the other defendant, Mehmet Osman Kavala, who was the main actor in the organization of the Gezi Park protests and financed these actions, and the events that took place in this way Although their actions constituted the crime of attempting to overthrow the government within the scope of Articles 312/1 and 37/1 of the Turkish Penal Code, the decision to convict them of aiding the attempt to overthrow the government as a result of the mistake made in the assessment and evaluation of the evidence was the reason for reversal as there was no appeal against them has not been done."

 

RELEASE DECISION ABOUT MÜCELLA YAPICI

 

The 18-year prison sentences given to Ali Hakan Altınay, Yiğit Ali Ekmekçi and Ayşe Mücella Yapıcı were overturned by the 3rd Criminal Chamber of the Supreme Court of Appeals. In the chamber's decision, the actions of these defendants were not within the scope of "aiding the attempt to overthrow the government of the Republic of Turkey"; It was stated that the defendants' actions should be evaluated within the scope of "opposition to the law on meetings and demonstration marches".

 

The chamber overturned the convictions and decided to release the defendants Yapıcı and Altınay by applying the judicial control provisions.